Conditions of ticketing service provider

Ticket i/O GmbH, Spichernstr. 73, 50672 Cologne, Germany –hereinafter
referred to as ticket.io – is a provider of various software services, as
well as offering services for various event organisers to arrange ticket
sales, manage sales processes, and dispatch tickets for all kinds of
events, concerts and functions. ticket.io is not the organiser of the
events offered in this ticket shop. The respective organiser is explicitly
stated during the sales procedure as well on the tickets purchased.
ticket.io operates solely at the event organiser’s end when rendering its
services.

The sale of tickets is restricted to consumers full of age and with full
capacity to act in line with Section 13 of the German Civil Code and to
entrepreneurs in line with Section 14 of the German Civil Code -
hereinafter referred to as 'client' -.

Section 1 Scope, definitions

(1) The following conditions of use contain fundamental rules governing the
procurement of tickets from the event organiser and managing the sales
process, including dispatch. Once incorporated, they shll apply to all
ticket purchases by end customers. Deviating contractual provisions of the
client are not accepted, unless ticket.io has given its express written
consent.

Upon purchase of a ticket through this ticket shop, the client and the
respective organiser enter into a contract with regards to the
participation in the event and to the event offered. The staging of events
advertised through this ticket shop is solely the responsibility of the
respective organisers with all rights & obligations.

It is explicitly pointed out to the client that the participation in events
may be subject to further relevant regulations as stipulated in the terms
& conditions of the respective organiser, which must be likewise
accepted by the client during the purchase process.

By activating the check box during the purchase order procedure, the client
explicitly agrees to the ticket.io conditions of use. In the event that the
organiser also introduces further terms & conditions regulating the
contractual relationship, the client is prompted to activate a separate
check box during the purchase order procedure. The client must click on
this box. The existing active check boxes must be checked in order to the
client to purchase event tickets through this ticket shop.

(2) The client is a consumer as long as the purpose of the ordered supplies
and services is predominantly outside his trade, business or profession. An
entrepreneur, on the other hand, is a natural or legal person or a
partnership with legal personality who or which, when entering into a legal
transaction, acts in exercise of his or its trade, business or profession.

Section 2 Conditions and services for entering a legal transaction

(1) In this ticket shop, ticket.io offers events and concerts of various
organisers. Upon purchasing a ticket, the client has the right to take part
in the event chosen. Further details about the events offered can be found
on the web page of the respective event organiser.

ticket.io is entitled to negotiate the sale of tickets for all events with
the end customers, and conclude appropriate contracts (power to contract).
ticket.io is also entitled to reject concluding contracts with end
customers at any time, regardless of the reason. Clients do not have a
general right allowing them to purchase one and/or several tickets.

Natural and legal persons may purchase tickets; however, natural persons
must have full capacity to act. In the event descriptions, ticket.io may
stipulate age restrictions that are applicable to the participation in
one/or more events. ticket.io reserves the right to request proof of the
full capacity to act.

(2) The client is liable to provide true and correct information as
requested in the order form. An order is only successful when all mandatory
fields have been completed. Any changes to the provided data, must be
communicated to ticket.io by the client. The client has the right to place
several orders using the same or several names and to transfer tickets to
third parties. The client is however not permitted to sell tickets to third
parties at a price higher than the purchase price offered by ticket.io.

(3) ticket.io has the right to review the registered information of the
client for the event organiser using appropriate measures and to not accept
incomplete and/or untrue orders.

Section 3 Conclusion of contract and use of tickets

(1) The client may choose among various events and various organisers. Via
the button 'Purchase', the client legally binds himself to purchasing the
selected tickets. Prior to ordering a ticket, the client may review and
change the data at any time. However, the purchase request can only be sent
and transmitted if the client accepts the ticket.io conditions of use, as
well as, if need be, the additional general terms & conditions of the
respective organiser, thus being included in the client's request. The
contractual language is German.

(2) A contractual agreement about the participation in an event is
concluded with the respective organiser if the client effects payment of
the selected ticket through a selected payment service provider and if the
client received an automatic email from ticket.io confirming payment.
Currently, payment options provided by ticket.io include prepayment, direct
debit, 'SofortÜberweisung' (instant transfer), Paypal, iDeal, and credit
card. The client is advised that ticket.io reserves the right to deactivate
individual payment options at any time, and therefore prohibit further use.

With respect to ‘SofortÜberweisung’, PayPal, and/or credit card payment
options, tickets are dispatched electronically via e-mail immediately after
purchase is complete. This e-mail re-states the order of the client. The
client can print this e-mail via the 'Print' function. This order
confirmation also includes a link indicating to these conditions of use.
ticket.io also saves the contract text. The e-mail confirming the purchase
order further contains a link to the tickets purchased; thus, accessible in
electronic form and available in a printable version. Insofar as the paid
“Production and shipping of hardcopy tickets” option is selected during the
purchase process, the tickets are sent to the postal address entered during
the purchase within 3 working days.

As for payments by direct debit or cash advances, the client is sent a
confirmation email after the purchase is completed. This order confirmation
e-mail states the order of the client. The client can print this e-mail via
the 'Print' function. This order confirmation also includes a link
indicating to these conditions of use. Upon receipt of payment, the client
is sent an order confirmation email, confirming the successful payment. The
e-mail confirming the purchase order further contains a link to the tickets
purchased; thus, accessible in electronic form and available in a printable
version. Insofar as the paid “Production and shipping of hardcopy tickets”
option is selected during the purchase process, the tickets are sent to the
postal address entered during the purchase within 3 working days.

(3) The client is further advised that prior to participating in the event
for which a ticket was purchased, the client is obliged to present to the
entry personnel the ticket purchased at this ticket shop and, if requested,
a valid identification document (insofar as this is required by the
organiser in its conditions of use).

(4) Any misuse and/or breach of the ticket.io conditions of use result in
loss of right to access to the event without right of compensation of the
client. The purchased ticket shall loose its validity as from the point in
time when the misuse and/or breach of the conditions of use was
established.

The client shall be advised that the organiser reserves the rights to make
use of its 'house rules', at any time, to have the client removed from the
event venue and to ban the client from re-entering. Following such ban, the
ticket purchased by the client shall lose its validity.

(5) The validity of the ticket purchased is restricted to the respective
event and organiser as well as to related planned alternative dates and
expires after the event. Other provisions may apply if the organiser
regulates the validity of tickets differently.

(6) The organiser may have reserved the right in its additional general
terms & conditions to cancel an event prior to the start and without
giving any reasons. Legal consequences resulting from cancelling an event
shall be extracted from the additional general terms & conditions of
the respective organiser, as may be applicable. Otherwise, the statutory
provisions shall apply.

(7) If the client loses his ticket or if the ticket is outside his area of
responsibility, ticket.io is not liable for providing a replacement.

Section 4 Delivery, availability of tickets

(1) If no tickets are available for a selected event at the time of
booking, this shall be indicated to the client during the purchase order
procedure. In this case, the client cannot place an order. A contract
pursuant to Section 3 is not concluded in this case.

(2) Tickets are given in household quantities.

Section 5 Retention of title

Until payment in full, the ticket remains property of the respective
organiser. Seizures, insolvency, damage and loss of tickets must be
communicated to ticket.io or the respective organiser promptly.

Section 6 Prices and shipping costs

(1) All prices offered in this ticket shop are inclusive of the applicable
statutory value added tax. Prices of the tickets offered are indicated as
'including VAT'. The amount of VAT included in the final price is included
in the price list prior to sending the order.

(2) The applicable shipping costs are indicated to the client for the
individual products and in the order form. They are to be borne by the
client.

(3) During the purchase order procedure, the client is advised of all
applicable costs to be paid by him as part of the arranged ticket sale. The
total price shown during the purchase order procedure includes the ticket
price plus processing fee and VAT. There are no further hidden costs for
the client.

(4) The client is further advised that during ticket purchase through
ticket.io, additional costs of the client's respective Internet service
provider for providing an Internet connection may be charged.

Section 7 Payment options

(1) The client can make use of the payment options PayPal,
‘SofortÜberweisung’(instant transfer), SEPA debit, prepayment, iDeal or
credit card. For the performance and processing of various payment options
and for their respective billing no further costs are incurred by the
client.

(2) The purchase price must be paid immediately after the client has
clicked the 'Purchase' button. In case of delayed payment, the statutory
provisions apply.

(3) The legal regulations apply in the event of late payment.

Section 8 Guarantee

The legal guarantee regulations shall apply.

Section 10 Right to withdraw

If the client is in default with the general terms & conditions,
ticket.io has the right to withdraw from the contract concluded with the
client, after unsuccessful expiration of a grace period.

Section 11 Liability

(1) ticket.io is fully liable for loss of life, bodily injury or damage to
health resulting from a breach of duty through ticket.io as well as for
damages caused through loss of guaranteed quality by ticket.io. ticket.io
guarantees to continuously review the qualities of third-party
performances, at any time, and, if need be, take respective
counter-measures. ticket.io cannot be held accountable for arising mistakes
and erroneous qualities caused by third parties that ticket.io cannot
influence, such as server and email system downtimes.

In the event of slight negligence, ticket.io is only liable if major
contractual obligations (“material contractual obligations”) have been
breached. Material obligations are those which must be fulfilled in order
for the contract to be properly executed, which jeopardise the contract
purpose if breached, and which the contractual partner can duly rely on
being upheld. In this case, ticket.io’s liability is limited to typical,
foreseeable damages.

(2) ticket.io is not an organiser of any of the events offered in the
ticket shop and cannot be held accountable as organiser for damages that
can arise in connection to an event.

(3) ticket.io is not liable for damages (in particular, for personal
injuries and damage to property) culpably caused by clients while on the
premises of an event. The client will indemnify and hold ticket.io harmless
from any unjustified claims of third parties including from all legal costs
and expenses.

(4) ticket.io is not liable for bodily injuries suffered by the client
during his event visit when caused by own fault.

(5) ticket.io is not liable for damages and/or loss of property and objects
which the client brought into the event premises and/or abandoned and/or
forgot during his stay.

(6) ticket.io is not responsible for untrue information about the
performance or cancellation of an event nor for event changes. The
organizer is solely responsible for the content, integrity and accuracy of
the information.

(7) ticket.io does not assume responsibility if one of the events regulated
by this agreement cannot be performed or must be cancelled as a consequence
of force majeure, in particular resulting from Section 3 (5)).

(8) The aforementioned liability restrictions further apply to companies
affiliated with ticket.io (except for the organiser of the respective
event) as well as to personal liability of staff members, employees,
co-workers, representatives, shareholders and vicarious agents of ticket.io
and/or companies affiliated with ticket.io.

Section 12 Availability of services offered

(1) ticket.io is committed to provide the tickets offered and other
services in this ticket shop at any time and in full. However, ticket.io is
not liable for uninterrupted use or accessibility of the tickets and
services offered, neither for transmission delays, faulty transmissions or
storage failures or for any restrictions of the offered products and other
services on the domain ticket.io. It shall be expressively pointed out that
during required maintenance works on the web page, the Internet offer
and/or individual services might be interrupted.

(2) ticket.io reserves the right to restrict the products and other
services offered, at any time and without reason, fully or partially and/or
to restrict their availability.

Section 13 Cancellation of purchases and right to a refund following a distance
sale

In connection to the Internet offer on the domain www.ticket.io, ticket.io
is obliged to provide services within the recreational area within a fixed
period of time pursuant to Section 312g Para 2 line 1 no. 9 German Civil
Code, contracts to be concluded with ticket.io are not distance sale
contracts. Cancellation of an agreement or the right of refund in line with
Section 312g Para. 2 line 1 no. 9 German Civil Code.

Section 14 Data Protection

The use of the offer in this ticket shop is governed by the privacy
statement of ticket.io which can be read on each sub-page of the Internet
offer of ticket.io.

There is no obligation to participate in arbitration proceedings under
Section 36 Para. 1 No. 1 of the Consumer Dispute Resolution Act (VSBG), nor
is this option even offered.

Section 16 Final Provisions

(1) The client clearly accepts that transactional declarations of ticket.io
are communicated to the client via e-mail. E-mails are considered delivered
when saved in the e-mail mailbox of the client or retrievably stored by his
Internet provider.

(2) The law of the Federal Republic of Germany shall apply to contracts
concluded between ticket.io and the client, excluding the UN sales
convention.

(3) If the client is a company, such as a merchant, a legal entity of
public law or a special fund under public law, the place of jurisdiction
for all disputes arising from the contractual relationship between the
client and ticket.io shall be Cologne.

(4) Should the aforementioned conditions of use be or become invalid and/or
incomplete, the remainder of these conditions of use shall remain valid or
enforceable. The valid and/or incomplete provision shall be replaced by a
provision that closely approximates the legal intention of the invalid
and/or incomplete provision. The same applies to legal gaps.